SuretyshipPosition of Sureties
Section § 2832
This law states that someone who seems to be the main person responsible for a debt (the principal) can prove they are actually just backing it up (a surety), meaning they are not primarily responsible for repayment. However, this does not apply to people who relied on the belief that this person was the main debtor. They don't need to prove the creditor accepted their role as a surety.
Section § 2837
This section states that when you're looking at a suretyship contract, which is like a promise to be responsible for someone else's debt or obligation, you should interpret it just like any other contract. However, except for some specific rules in another section, a surety who receives benefits from the agreement is treated the same as one who doesn't get any direct benefit.
Section § 2838
Section § 2839
If the main obligation is fulfilled or appropriately offered to be fulfilled, the person who guaranteed it (the surety) is released from their responsibility.
Section § 2845
If you're acting as a surety, meaning you guarantee someone else's obligation, you can ask the person owed the debt (the creditor) to first try to collect from the person directly responsible (the principal) or use other actions that could lessen your own risk. If the creditor ignores your request and you suffer because of it, you might be off the hook for part of the obligation.
Section § 2846
If you're a surety, which means you've guaranteed someone else's obligation, you can ask the person responsible for that obligation to fulfill it when it's time.
Section § 2847
If you are a surety, meaning you promised to pay someone else’s debt if they don’t, and you end up paying it off, then the person who originally owed the money (the principal) has to pay you back, including any costs you had to cover. However, you can't ask other people to pay you back unless the next section of the law says you can.
Section § 2848
If someone guarantees a debt and ends up paying it off, that person can use the same ways the lender would to get their money back from the original debtor. Plus, they can also make other guarantors chip in, regardless of when each one agreed to guarantee the debt.
Section § 2849
If you are a surety, which means you are guaranteeing someone else's debt or obligation, then you have the right to use any collateral or security that the creditor or another guarantor has, regardless of whether you knew about it when you agreed to be a surety.
Section § 2850
If a surety (someone who promises to pay another's debt if they fail to) has pledged their property along with the property of the person who originally owes the debt, the surety gets to have the debtor's property used first to pay off what's owed.
Section § 2854
If someone owes you money and another person has promised to back up that debt (a surety), you can use any security or collateral the surety received from the debtor to ensure you get paid when the debt is due.
Section § 2855
This law says that if an arbitration decision is made against the main person involved (the principal), it doesn't automatically apply to the person's guarantor, who promised to cover certain obligations. The law intends to use the current rules when dealing with these kinds of arbitration outcomes.
Section § 2856
This law explains that a guarantor or surety, which refers to a person who agrees to be responsible for someone else's debt, can choose to give up certain rights. These rights include the ability to seek reimbursement from the person who owes the debt. The law allows these waivers to be valid even without specific legal wording in a contract, as long as the intent to waive is clear. Also, the law outlines that such waivers are not applicable for certain home mortgages. Generally, a creditor can demand payment from a guarantor without first resorting to foreclosing property, and the guarantor loses certain defenses if the debt is tied to real estate. Additionally, the waivers for loans associated with multi-family homes where the borrower lives are treated differently. If a waiver was agreed to before 1997, the rules at the time apply.